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WRC awards Esmiralda Odina €3,420 in housing assistance discrimination case

By Saoirse Doyle

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found landlord Noel Smith discriminated against Esmiralda Odina on the housing assistance ground and ordered him to pay €3,420 compensation. The decision, dated 15 December 2023, also directed Smith to take steps to enable Odina to participate in the Housing Assistance Payment scheme and accept payments from the local authority.

Odina’s daughter, who dealt with Smith on her behalf, said he had agreed to complete the landlord section of the HAP application if Odina qualified, but refused after receiving the form. Smith said financial pressure and mortgage negotiations led him to sell the property, and his decision was unrelated to the HAP request.

The WRC found Odina was eligible to apply for HAP and that Smith failed to complete the form despite repeated requests. It concluded that the timing of those requests and the tenancy termination supported an inference of discrimination that Smith did not rebut. Odina rented a property in County Offaly for €625 per month.

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